PRESS RELEASE
February 15, 2002 - Colorado House of Representatives Health, Environment,
Welfare and Institutions Committee hearing on House Bill 1275 - Concerning
Dependent and Neglected Children.
In a blatant application of viewpoint discrimination, HEWI committee
chairwoman, Laurie Clapp, adjourned the hearing HB1275 after hearing testimony
from all attendees who were opposed to the bill (numbering >approx. 5) and
then pulled the bill without hearing testimony from those favoring the bill.
Over 80 people had appeared to testify in favor of the bill, some traveling from
as far away as Texas.
The pretext for the viewpoint discrimination was an allegation that Suzanne
Shell had disrupted the meeting. Shell attended the meeting for the purposes of
video taping the proceedings for possible inclusion in her documentary film
project. She possess a valid press pass issued by >the Rocky Mountain Media
Collective. State and local governments may not limit or deny the public or the
media access to public forums. Ms. Shell had set up her camera against a wall,
well out of the way of any traffic, and had video taped the first hour of the
session unobtrusively and with complete decorum, and without comment from the
committee. As soon as the first witness attempted to testify in favor of the
bill, without justifiable reason or provocation, Chairwoman Clapp sent the
Sergeant at Arms to demand that Shell move her camera to the back of the room.
Because Ms. Shell's video camera is not equipped with remote microphones, if she
was moved to the back of the room, she would only be able to photograph the
backs of people's heads and would not able to record any audio. She was
essentially being told to turn off her camera.
Ms. Shell refused to move, citing first amendment freedom of the press
rights. The Sergeant at Arms then laid hands on Ms. Shell and assaulted her.
When Ms. Shell attempted to video record his face, he blocked the camera lens
with his hand. He refused to allow her to video record his identification. The
Sergeant at Arms then left to get the State Patrol. Chairwoman Clapp gave Ms.
Shell permission to continue video recording but instructed her to leave room
for people to pass from behind the committee platform to the witness table. Ms.
Shell readily agreed. The Sergeant at Arms returned with two troopers and again
assaulted Ms. Shell, demanding that she leave. Shell insisted that she had
permission from the chair to remain. The audience began to shout out "Leave
her alone," and "Let her stay." A recess was called and
Chairwoman Clapp confirmed that Shell was allowed to remain.
When the hearing resumed, Ms. Shell was subjected to repeated harassment by
the Vice Chair, Betty Boyd and other staff members. Shell continued to quietly
video record in spite of the harassment and unprovoked disruptions until
Chairman Clapp abruptly called a recess in the middle of the second witness's
testimony in favor of the bill. Ms. Shell's press pass was confiscated by one of
the representatives on the committee. The committee then held a secret meeting
in an adjoining room, apparently without their attorney present, and without
announcing it to public. A secret decision was subsequently made to postpone,
and then changed to pulling, the bill. There is no record of the discussions
leading up to those decisions or what the corresponding committee member votes
were.
Witnesses have reported that certain members of the committee approached them
privately immediately after the hearing was adjourned and offered to hear their
testimony secretly at a later date, possibly via telephone. One mother reported
that the State Patrol had suggested she remove her children from the building
because they were going to use force to remove Ms. Shell. The mother responded
by saying, "I believe I want my children to watch you do that."
Chairwoman Clapp announced to the public and on the record, which also goes over
the internet, that Ms. Shell's press credentials were fraudulent and that the
reason the bill was pulled was because Shell had been 'disruptive.' Ms. Shell
has received many calls from the public who were present with offers to testify
on her behalf; that she had done nothing to disrupt the meeting. Ms. Shell has
confirmed with the Director of the Rocky Mountain Media Collective that nobody
had attempted to verify the validity of her press pass with him. Despite the
fact that Chairman Clapp had publicly declared her press pass to be fraudulent,
Ms. Shell's press pass was eventually returned to her when she demanded
it.
Ms. Shell was subsequently informed that she was banned from future hearings.
It is unclear as to the nature or extent of that ban. Since 1931, the U.S.
Supreme Court has stated repeatedly that government attempts to censor the media
are presumed unconstitutional. This ban also constitutes a prior restraint on
Ms. Shell's ability to publish subsequent General Assembly proceedings. The
Court has said that "any prior restraint on expression comes to this Court
with a 'heavy presumption' against its constitutional validity."
Ms. Shell has been subjected to a systematic pattern of intimidation and
harassment where ever she goes for two years. While sitting silently in
courtroom galleries, judges will address her, interrogate her and issue orders
to her. When attending public meetings and press conferences, they will assign
security personnel to follow her around. Ms. Shell is the publisher and owner of
Sage Wisdom Press (book publishing), the publisher of an internet website http://www.profane-justice.org
, a freelance journalist and editorial columnist, and a documentary film
producer for Diogene's Quest Productions. She covers issues of public interest
relating to child protection.
Ms. Shell will be seeing appropriate legal remedies. Other persons attending
the meeting have also stated their intentions to seek legal remedies.
Contact Information:
Suzanne Shell Director, American Family Advocacy Center
Founder Committee for Pro-Family Public Policy
719-749-2971 fax 719-749-2972 dsshell@ix.netcom.com
